[2013] KEHC 5834 (KLR)
The court found that the application was res judicata, as the issues raised had already been conclusively determined on five previous occasions. The court further held that it was functus officio, having exhausted its jurisdiction over the matter, and that the application was an abuse of the court process. The court...
Source-derived case information.
- Citation
- [2013] KEHC 5834 (KLR)
- Parties
- Appellant: Isaac Ndungu Muchemi; Respondent: Marula Estate Limited
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 111 of 1995
- Procedural Posture
- Civil Appeal / Ruling on Notice of Motion to Stay Execution/taxation of Costs
- Outcome
- application dismissed with costs
- Judges
- MJA Emukule
- Legal Topics
- Res Judicata, Functus Officio, Abuse of Process, Taxation of Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Isaac Ndungu Muchemi
Appellant
Marula Estate Limited
Respondent
Procedural Posture
Civil Appeal / Ruling on Notice of Motion to Stay Execution/taxation of Costs
Legal Issues
- 1 Whether the application is res judicata and thus barred from re-litigation.
- 2 Whether the court has jurisdiction under Order 22, rule 22 of the Civil Procedure Rules 2010 to entertain the application.
- 3 Whether the court is functus officio regarding the orders sought.
Ratio Decidendi
The court found that the application was res judicata, as the issues raised had already been conclusively determined on five previous occasions. The court further held that it was functus officio, having exhausted its jurisdiction over the matter, and that the application was an abuse of the court process. The court also noted that the application related merely to the taxation of costs, with no imminent threat of execution, and thus there was no basis for the relief sought. Consequently, the application was dismissed with costs to the respondent.
Court Disposition
application dismissed with costs
Orders
- The Applicant's Notice of Motion dated and filed on 3rd May 2013 is dismissed with costs.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAKURU
CIVIL APPEAL NO. 111 OF 1995
ISAAC NDUNGU MUCHEMI..............................................PLAINTIFF/APPELLANT
VERSUS
MARULA ESTATE LIMITED.........................................DEFENDANT/RESPONDENT
RULING
I have reviewed and considered the Applicant's application dated 3rd May 2013. I have also considered the Respondent's Grounds of Opposition dated 20th May 2013 and filed on 21st May, 2013.
I am satisfied that the Applicant's application is both res judicata, and indeed this court is not seized of jurisdiction under Order 22, rule 22 of the Civil Procedure Rules 2010 to adjudicate of the Appellant's purported grievances.
I am satisfied that the orders sought in the Application were adjudicated and conclusively determined on five previous occasions and that this court is now functus officio. There has to be a stop to litigation. The Applicant cannot be allowed to abuse the court process by reopening litigation which commenced in the subordinate court almost nineteen (19) years ago.
I find and hold that the application herein has no merit at all. This is merely a taxation of costs. There is no threat of execution.
For those reasons the Applicant's Notice of Motion dated and filed on 3rd May 2013 is dismissed with costs.
Dated, signed and delivered at Nakuru this 24th day of May, 2013
M. J. ANYARA EMUKULE
JUDGE